Parole

Baroness Seccombe: asked Her Majesty's Government:
	What is their practice in reviewing the need to continue the imprisonment of offenders after they have served 15 years.

Lord Rooker: All prisoners serving a determinate sentence of four years or more and who were sentenced under the provisions of the Criminal Justice Act 1991 become eligible for consideration for parole at the half-way point of sentence. The Parole Board is responsible for considering all applications for release on parole. In cases where the sentence is 15 years or more, the Secretary of State may only release a prisoner on parole licence when recommended to do so by the board.
	Prisoners not granted parole at the half-way point are entitled to annual parole reviews thereafter and may be released on parole at any time between the half-way and two-thirds point. Those who are not granted parole are released automatically at the two-thirds point of sentence and remain on licence under supervision by the Probation Service until the three-quarters point of sentence.
	Prisoners serving life sentences have their cases considered by the Parole Board three years before the date of their tariff expiry (the period required for retribution and deterrence) and at regular intervals thereafter.
	Prisoners serving a mandatory life sentence can only be released by the Secretary of State, following a positive recommendation by the Parole Board and after consultation with the Lord Chief Justice and the trial judge. Prisoners serving a discretionary or automatic life sentence or sentenced to be detained at Her Majesty's pleasure are entitled to have their case reviewed every two years and the decision to release is taken by the Parole Board.
	Those prisoners with a whole-life tariff have their cases reviewed by Ministers after 25 years and every five years thereafter.

Immigration Appeals: Human Rights Claims

Lord Lester of Herne Hill: asked Her Majesty's Government:
	What is the current position with regard to human rights representations against immigration decisions served before 2 October 2000.

Lord Rooker: The current position with regard to human rights representations against decisions served before 2 October 2000 is that people appealing against immigration decisions made before 2 October 2000 cannot benefit from this appeal right which is not retrospective. But they could make a separate human rights claim and would have the opportunity to appeal except in those instances where the human rights issue had already been considered by the appellate authority or the courts, or there had been findings of fact at an earlier appeal which mean the human rights claim is bound to fail.
	The exception does not apply to people who had an appeal pending or could have lodged appeals in time to the Immigration Appeals Authority on 2 October 2000. If they make a human rights claim and it is rejected, they will be able to make an allegation and they will be given an opportunity to appeal to the Immigration Appeals Authority.

Money Laundering and Terrorist Financing

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they will take measures to reinforce the United Kingdom's ability to combat money laundering and particularly terrorist financing, not only within the United Kingdom, but also in the Channel Islands, the Isle of Man and British overseas dependencies.

Lord Rooker: The United Kingdom already has stringent laws against money laundering and terrorist financing, as do the Crown dependencies, but is committed to further strengthening these.
	The Proceeds of Crime Bill, introduced to Parliament on 18 October, would consolidate and extend the current law on money laundering offences.
	In his Statement on 15 October, in another place, my right honourable friend the Home Secretary announced that the Government are looking urgently at a package of anti-terrorist measures, including measures to combat the financing of terrorism.
	The Government are also taking action to strengthen anti-money laundering regulation. On 15 October, my right honourable friend the Chancellor of the Exchequer announced measures for a new regulatory regime for bureaux de change and other money service businesses, designated to reduce the exploitation of that sector for money laundering.
	Under the Financial Services and Markets Act 2000, the Financial Services Authority (FAS) will have the combating of financial crime as one of its four statutory objectives. In fulfilling this, the FSA has issued money laundering rules which will come into force on 30 November.
	The Crown dependencies and overseas territories have committed themselves to introduce appropriate measures against terrorist financing equivalent to those in the United Kingdom.

Equal Treatment Legislation

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they will introduce legislation to amend the Race Relations Act 1976 and the Disability Discrimination Act 1995 to match the amendments to the Sex Discrimination Act 1975 made by the Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001.

Lord Rooker: The Race Directive, made under Article 13 of the European Community (EC) Treaty and agreed in June 2000, will establish a common standard of legal protection from race discrimination across Europe, impacting upon employment and training, as well as education, access to goods and services including housing, social protection and social advantages.
	The Employment Directive, made under Article 13 of the EC Treaty and agreed in November 2000, requires member states to put into effect the principle of equal treatment in the areas of employment, occupation, vocational training and vocational guidance in respect of disabled people among others.
	Both directives contain provisions relating to discrimination and the burden of proof which the Government will be looking to implement. We expect to consult on our proposals within the next three months.

Railtrack: Successor Company

Lord Barnett: asked Her Majesty's Government:
	To which "certain assets" and which "certain people" the Lord Falconer of Thoroton was referring in his answer to a question on the Railtrack Statement on 15 October at Col. 394 of the Official Report as to how the new company will be able to raise capital.

Baroness Blatch: asked Her Majesty's Government:
	Further to the statement by the Lord Falconer of Thoroton on 15 October at Col. 394 of the Official Report that "the new Company will be able to raise capital on the basis that it will be a company limited by guarantee, with certain assets guaranteed by certain people"-- (a) who will provide the guarantee; (b) what are the assets; and (c) who are the certain people.

Lord Falconer of Thoroton: The Government intend to propose that a private sector company limited by guarantee should succeed Railtrack. The new company would be financially sound and structured so that it would achieve at least a BBB--and potentially higher--investment grade credit rating as the basis to raise debt finance.
	The new company would be entitled to receive its revenue from track access payments from train operators, property income and the network grants from the SRA agreed as part of the Rail Regulator's October 2000 periodic review and the 2 April agreement between Railtrack and government. We are confident that these income sources, combined with an investment grade credit rating of at least BBB--and potentially higher--would enable the new company to raise the necessary level of finance at reasonable cost.
	The new company would operate with much lower risks than Railtrack, concentrating on the exisiting network. The company would also be provided with an adequate level of reserves to act as a buffer for performance risks. It is anticipated that these reserves would accumulate over time as the company makes surpluses, but that the company could also have access to a standby loan facility from the Government. This would be a contingent facility, use of which would be enshrined in a contract to provide support in specified circumstances and for a capped amount. It would not amount to a Government guarantee.

London Underground: Future Investment Programme

Baroness Hamwee: asked Her Majesty's Government:
	In the light of the High Court decision to place Railtrack plc into administration and to replace it with a not-for-profit company with powers to raise money for investment from debt markets, they will consider using a similar model to fund their investment programme for the London Underground.

Lord Falconer of Thoroton: The Government considered all of the options for the future of the Tube prior to the Deputy Prime Minister's announcement of the way forward in March 1998, including the possibility of a not-for-profit private sector trust.
	Public sector London Underground will continue to be responsible for running the railway. The operation of track, signals, trains and stations will remain in public hands. The public sector will also be responsible for managing the contracts to maintain and improve the Tube. London Underground is a not-for-profit organisation.
	We believe that our modernisation plans are the best way forward for London Underground. They will provide the massive long-term investment the Underground needs to deliver a 21st century service. There will be more than £13 billion for investment and maintenance over 15 years, providing significant improvements in the quality, capacity and reliability of the Tube.

London Underground: Timetable for Transfer of Ownership

Baroness Hamwee: asked Her Majesty's Government:
	When, under the terms of the Greater London Authority Act 1999, they intend to hand over ownership of London Underground Limited to Transport for London; and whether they will announce an indicative timetable for the transfer of ownership.

Lord Falconer of Thoroton: The Government's intention is to transfer London Underground Limited to Transport for London after the long-term plans for the modernisation of London Underground's infrastructure have been put in place.

Railtrack: Thameslink 2000 Costs

Lord Berkeley: asked Her Majesty's Government:
	How they will recover the £800 million paid to Railtrack to construct Thameslink 2000, which has not yet been started.

Lord Falconer of Thoroton: I refer the noble Lord to my Answer of 24 October, [Official Report, WA 130-31].

BSE Inquiry: Government Response

Lord Campbell of Croy: asked Her Majesty's Government:
	What action they are taking following the recommendation in the report of the inquiry into BSE that there should be more openness in government.

Lord Whitty: The Government's substantive response to the report of the BSE inquiry was published on 28 September. A copy was deposited in the Library of the House. We refer the noble Lord to chapter 5 of the response which deals with openness, together with the issues of risk and uncertainty. The chapter sets out what the Government have done so far on openness, risk and uncertainty and includes a number of concrete examples. The chapter also outlines the Government's plans for future action.